Recent Blog Posts

Home entries by police

Graham P. Wiemer — Thu, 03 Jun 2010 21:22:00 GMT

Without a search warrant, the police can only enter or home, or its curtilage, to conduct a search or an arrest when exigent circumstances exist, regardless of whether the police have probable cause. The most common forms of exigent circumstances given by police are "hot pursuit," office safety, evidence destruction and suspect flight.

Mandatory automobile insurance law

Graham P. Wiemer — Tue, 01 Jun 2010 13:40:00 GMT

A state law requiring all Wisconsin drivers to maintain automobile liability insurance goes into effect today. Wisconsin is the 49th state to enact such a law.

Under the new law, uninsured drivers must purchase liability insurance or face a fine of $500.00.

Vehicle search

Graham P. Wiemer — Fri, 28 May 2010 13:30:00 GMT

When the police have probable cause to believe that contraband or illegal substances are inside a vehicle, the police can search the vehicle absent a warrant. This search is legally justified based on the mobility of the vehicle.

Traffic Citations - When are the Points Assessed?

Christopher J. MacGillis — Thu, 27 May 2010 14:29:00 GMT

Wisconsin courts send the Wisconsin Department of Transportation (WisDOT) Division of Motor Vehicles records of all convictions for moving traffic violations. Demerit points are assessed to drivers when convicted of a moving violation, but are assessed retroactively to the date of the violation, not the conviction.

Search incident to lawful arrest

Graham P. Wiemer — Thu, 27 May 2010 13:25:00 GMT

The police are legally allowed to search a person and/or his vehicle whenever the police have made a legal arrest. The justification for this search is police officer safety. If the search precedes the arrest, it is an illegal search because the justification was not present at the time of the search.

My child is graduating from high school next week. How does child support end?

Lisa M. Vanden Heuvel — Wed, 26 May 2010 18:03:00 GMT

Child support continues until the child reaches 18 years of age or 19 if pursuing a high school diploma or GED. If your child is 18 and will graduate you should contact your local Clerk of Courts. In some cases you will need to file a Motion to Terminate Child Support and in others all you will need to do is provide the local Child Support office with proof of graduation.

Length of stop/detention

Graham P. Wiemer — Wed, 26 May 2010 15:30:00 GMT

Assuming you have been properly stopped by law enforcement based on their reasonable suspicion that criminal activity was afoot, the police may detain you long enough to investigate that reasonable suspicion. The detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop.

What is Mediation?

Christopher J. MacGillis — Wed, 26 May 2010 14:45:00 GMT

Mediation can take many forms, but typically consists of two parties with opposing positions and a neutral third party that is knowledgeable in a specific area of law and that is trained to mediate. The mediator does not give legal advice to either party, but provides each party with legal information to help them reach an agreement without litigation. Mediation can be an invaluable tool, and is very viable when both parties believe they can settle their differences in an amicable manner and without hostility.

My former girlfriend recently gave birth to our daughter and will not allow me to see her. How can I get access?

Lisa M. Vanden Heuvel — Tue, 25 May 2010 20:23:00 GMT

If you are not married to the mother and she will not allow you to have contact with the child your will need to file a petition with the Court requesting that you be declared the child's legal father. During the proceeding the Court may require genetic testing to detemine where or not you are the father of the child. Once you are determined to be the father the Court, you will have the right to request custody and visitation orders from the Court.

Reasonable suspicion for stopping a person or motor vehicle

Graham P. Wiemer — Tue, 25 May 2010 16:15:00 GMT

The police may stop a person or vehicle whenever they have a reasonable suspicion that criminal activity is afoot. This standard is a level of cause greater than mere suspicion or hunch, but less than probable cause to arrest.

Child Support Guidelines

Christopher J. MacGillis — Tue, 25 May 2010 14:09:00 GMT

If a parent has primary placement of the child(ren), and the Court does not hold that a deviation from the standard guidelines is necessary, child support will be based on the following percentages of the other parent's gross monthly income:

one child --- 17%
two children -- 25%
three children -- 29%
four children -- 31%
five children -- 33%

Voluntary Paternity Acknowledgment

Graham P. Wiemer — Mon, 24 May 2010 20:40:00 GMT

After a baby is born to an unmarried father and mother, they can both sign a form that will make sure the father's name is put on the birth certificate and make him the legal father, without having to go into Court. This form is the Voluntary Paternity Acknowledgment .

Will my divorce be delayed if I become pregnant prior to the final hearing?

Lisa M. Vanden Heuvel — Mon, 24 May 2010 20:06:00 GMT

The answer depends on the jurisdiction you are in and the final requirements of the Judge. In many counties the Judge will appoint a guardian ad litem (an attorney appointed to represent the best interest of the child) for the unborn child. After an investigation, the guardian ad litem will make a recommendation to the court relative to the parentage of the child. In some cases there may need to be paternity tests before the final divorce.
Check with the Clerk of Courts office in your county to determine the specific requirements.

How long does it take to get a divorce in Wisconsin?

Linda S. Vanden Heuvel — Mon, 24 May 2010 19:22:00 GMT

Except in emergency situations or other exigent circumstances there is a 120 day waiting period in divorces.

Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?

Christopher J. MacGillis — Mon, 24 May 2010 13:57:00 GMT

The Court can order the Respondent to do the following:

    1.   Cease the harassment of another person;
    2.   Avoid the harassment of another person;
    3.   Avoid the Petitioner's residence or any premises temporarily occupied by the Petitioner or both;
    4.   Any combination of these remedies; and
    5.   Prohibit the Respondent from possessing a firearm if it is determined that the                 Respondent may use a firearm to cause physical harm to another or to endanger public safety.